Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
This chapter examines the problems arising from a lack of common understanding of what regulation is and what regulation should aim at within the efforts to create a European Internal Energy Market (IEM). It analyzes some terminological and conceptual legal problems arising from the efforts to build a true European Energy Market amidst the existence of both a significant number of disparate legal traditions within the EU in dealing with energy issues, and a reluctance on the part of Member States to give up their responsibilities in guaranteeing, among other aspects of the industry, the security of energy supply. In particular, the chapter underscores two main legal streams converging within the procedure to build a legal framework for energy at EU level: the system based on an Anglo-Saxon idea of economic regulation and energy regulation, and the systems of most continental countries based on the idea of public economic law, to which energy law belongs.
Keywords: European Internal Energy Market, energy policy, European gas and electricity forums, economic regulation, public economic law
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